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MancRed

Help with Adjustment of Status

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On 4/9/2019 at 11:57 AM, coltr said:

Start off reading the forms themselves and the instructions provided by USCIS. You will find conflicting information elsewhere, and USCIS is always the golden standard. Make sure you have the latest versions and do not download copies from elsewhere, as these will be returned to you. Try to complete the forms based on USCIS instructions first, then you will know the right questions to ask, without being biased by reading potentially outdated or incorrect information on here.

 

I-864 https://www.uscis.gov/i-864

I-485 https://www.uscis.gov/i-485

I-765 https://www.uscis.gov/i-765

I-131 https://www.uscis.gov/i-131

G-1145 https://www.uscis.gov/g-1145

G-1450 https://www.uscis.gov/g-1450 (if paying by card, and filing at a lockbox location)

 

Work out where to file. For adjustment of status from a K1, this will be the Chicago lockbox. Make sure to send to the correct address, depending on whether you are sending by USPS or a courier:

https://www.uscis.gov/i-485-addresses

 

Calculate your filing fee. Make sure you pay the correct fee. For an individual on a K1 (no children) filing for AOS, work, and travel authorization all in one application with no other petitions, this should be $1225, but please use the fee calculator to confirm:

https://www.uscis.gov/feecalculator

 

These common mistakes are a useful resource:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

 

Also, when providing evidence of income for the I-864, include either the US Citizen's/sponsor's full tax return for 2018 along with all W2s and 1099s, or full tax transcripts for at least the most recent tax year. Do not include a mixture of both, as this confuses the process and can result in an RFE. Also include the last 6 months of paystubs. USCIS usually want to see at least 6 months of income for the latest job, and not providing this is a common RFE.

 

Check out these forums and compare your packet against what others have prepared:

https://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-k1-and-k3-family-based-visas/

 

Assemble all of your forms in the same order as on your cover letter (use mine as a template), and clip each section together with binder clips.

 

 

Thank you! 

I filed AoS in August in 2018, and my husband changed his work and started January 2019 and  I got RFE in January since some signs and needed documents to prove his income. But what I sent is only paystubs of January and a employement certificate letter from his work place. 

Now I’m worried about that I would get RFE again if USCIS need 6months paystubs. I was expecting that EAD and AP should be issued in mid of June, but now, it would be difficult. .... I haven’t worked for 14months and have to make money to move out.  

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Filed: K-1 Visa Country: United Kingdom
Timeline
On 4/9/2019 at 11:28 PM, coltr said:

Good luck! Make sure to question everything. It took me a few attempts to get everything right.

 

A few more pointers:

  • On the I-765 your eligibility category is (c)(9).
  • On the I-131 your application type in Part 2 is 1d ("I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel.").
  • On the I-131, estimate your travel dates. Request the document for more than one trip. You are not restricted to travel on the dates that you specify. You can just put "visiting family" or similar with a notional date some time in August. You will receive an AP document valid for multiple trips.
  • Your Alien Registration Number (A-Number), which you are asked to include on all pages, is only present on your K1 NOA2 and you won't find it anywhere else.
  • Your I-94, which you are required to include, is available electronically here https://i94.cbp.dhs.gov/I94 and can be printed off to serve as an official copy. Check that it is correct and shows your entry on a K-1.
  • Request a Social Security Number at least 14 days before your 90 days on the K1 (shown on your I-94) is due to expire. If you do not, then you will have to wait for your EAD before you can get a Social Security Number. I received mine 2 weeks after applying. You will be asked to include it on your forms if you have received it. It is useful to have a social for opening bank accounts, building credit, setting up cell phone contracts, etc.
  • File for Adjustment of Status before your I-94 expires, otherwise technically you are out of status. Your NOA-1 for your AOS will then be used to prove your status in the US, if ever required to do so.
  • Obviously ensure you get married before the 90 days expires!

Can you share some more information on the Social Security Number application? 

 

Im trying to find more information but coming up against a brick wall... It says on the SSA website that noncitizens cant apply for a SSN without an EAD?

 

 

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3 minutes ago, MancRed said:

Can you share some more information on the Social Security Number application? 

 

Im trying to find more information but coming up against a brick wall... It says on the SSA website that noncitizens cant apply for a SSN without an EAD?

 

 

These instructions are still current:

https://www.visajourney.com/content/ssn/

 

Essentially, fill out an application form, print it off, and bring it with you along with your passport and printed I-94. Walk in to your local social security office with these documents and tell them you are applying for a social security card for the first time. They will take copies of all of your documents, and create a case in the SAVE system to verify your immigration status. Once confirmed, you will be issued with a social security card. The process was all very straightforward, at least at my local office.

 

You are actually able to track the status of your SAVE case using this system by searching for your passport number. Once the case shows as 'returned to agency' then your status has been confirmed, and your card will be mailed to you by the SSA. The whole process took exactly 2 weeks, from visiting the office to receiving my card.

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